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Northerntel Fibreop Terms of Service

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Northerntel Fibreop Terms of Service NORTHERNTEL FIBREOP TERMS OF SERVICE The service details, these terms of service and any attached schedules (“Schedules”), along with any amendments, all taken together form the entire contract (“Contract”) between you (“Customer” or “you”) and NorthernTel LP (“NorthernTel”) and Bell Canada (“Bell”) (either or both, “we”). NorthernTel provides the Services FibreOP Phone and FibreOP Internet while Bell provides FibreOP TV (see Section 2). You should review the entire Contract. All of the parts are important and together create a legal agreement that applies to you once you have accepted it. You may also be provided a critical information summary that sets out the key elements of your agreement with us. We rely upon your word that you have reached the legal age of majority and are authorized to enter into this Contract. To help you to understand your rights and obligations under this Contract, these terms of service are written in a question and answer format. 1. How do I accept my Contract? You accept this Contract on the earlier of the date: (a) you receive a copy of these terms of service; (b) installation has commenced; or (c) you access or use the Services (see Section 2), unless otherwise determined by applicable laws. You understand and agree that you are bound by this Contract, now and in the future. 2. What is covered by this Contract? This Contract covers the services you ordered, we install or activate, or that we otherwise provide to you (“Services”). The Services include FibreOP Internet (“Internet”), FibreOP home phone (“Phone”), FibreOP Internet protocol television (“TV”), and any additional features. TV Services include Programming (see Section 38). The Services include equipment we own (including equipment we rent to you) (“Our Equipment”) that you may need to receive the Services, such as devices, receivers, certain remotes, modems, routers, accessories, hardware, networks, platforms, batteries and/or other products. The Services do not include mobile wireless services provided by Bell Mobility Inc., Satellite TV services provided by Bell ExpressVu LP, wireless home Internet services provided by Bell Canada. Terms of service for other NorthernTel services can be found at northerntel.ca/terms. 3. I subscribe to a Service that is regulated by the CRTC. Does this Contract still apply? For Services regulated by the Canadian Radio-television and Telecommunications Commission (“CRTC”) (“Regulated Services”), the tariff located at northerntel.ca/en/a-propos (“Tariff”) applies in addition to this Contract. If there is an inconsistency or conflict between this Contract and the Tariff, then the Tariff prevails. 4. What happens if the CRTC stops regulating a Regulated Service? If the CRTC decides it will no longer regulate a Regulated Service or a feature of a Regulated Service (sometimes referred to as “forbearance”), then we will continue to honour the terms of the Tariff as though your Service were still regulated until the term (which is called your “minimum contract period” in the Tariff) expires. After the minimum contract period expires, only this Contract will continue to apply. 5. What laws apply to this Contract? Because we are federally regulated, this Contract is governed by the federal laws and regulations of Canada, including the CRTC’s Internet Code and the Television Service Provider (“TVSP”) Code and any provincial laws which might apply to us. 6. Can this Contract be transferred? We may transfer or assign all or part of this Contract (including any rights in accounts receivable) at any time. You may not transfer or assign this Contract, your account or the Service without our prior written consent. 7. What if parts of this Contract become unenforceable? If any part of this Contract becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply to you and us. Remember that even if we do not enforce any part of this Contract for any period of time, the term still remains valid and we can enforce it in the future. 8. Est-ce que je peux recevoir ce Contrat en français plutôt qu’en anglais? Vous recevez ce contrat en anglais car . 9. Can NorthernTel make changes to this Contract? Yes. We may change the Services, and any term or element of the Contract, including the Fees (see Section 18). If required, we will give you notice of these changes in writing, at least 30 days (60 days for certain changes related to Internet Services) before the effective date, using a reasonable method to bring it to your attention, such as by posting it on northerntel.ca, by including it on or with your bill or by sending it to you by email. This notice will clearly identify the proposed change and the effective date. Also, as required by law, this notice will set out the new term, or amended term and the term as it read before, as well as your rights if you refuse the change (see Section 10). No other statements (written or verbal) will change or amend this Contract. 10. What if I want to refuse a change you make to this Contract? If you want to refuse the change, your remedy is to cancel the impacted Service or the Contract (see Section 57). 11. Can I make changes to my Services or to the terms of service that are in this Contract? You may not make any changes to these terms of service. However, depending on the Service you subscribe to and your plan details, you may be able to add or remove certain Services or features. You will need to check your plan details to see if additional fees may apply. For more information about the Services or features that may be available, including applicable fees, contact us. Our contact information is set out in Section 66. For more information about making changes to TV Programming, see Section 44. Effective on April 12, 2021 Page 1 of 11 9-1-1 12. Are there any times when 9-1-1 is not available? Yes. The Services, including the 9-1-1 service (“9-1-1 Service”), will not work during network outages, including during planned hardware or software upgrades. As well, third-party communications services or equipment, monitored home security alarms or monitored medical devices that use the Services as a communications pathway may also not function during network outages. In addition, the Services provided over Services”), including 9-1-1 Service, will not work: (a) during power outages if there is no battery backup, or once the battery backup has been depleted; (b) if the hardware used in connection with the FTTH Services (“FTTH Equipment”) has been tampered with, damaged or relocated; or (c) if the FTTH Equipment fails, is not configured correctly or during a reboot/restart (whether spontaneous or initiated by you) of the FTTH Equipment. You are responsible for the supply of electrical power necessary for the Services (including 9-1-1 Service) to work. Please note, if you have third-party communications services or equipment, a monitored home security alarm or monitored medical device, these services, equipment, monitored alarms or devices may not function during a power outage without the use of the battery backup feature on the FTTH Equipment. We recommend that you have another way of contacting 9-1-1 Service during a power outage or in the case of equipment failure, for example, a mobile phone. You are also responsible for the proper maintenance of the FTTH Equipment, including monitoring the battery, ensuring the battery remains charged and replacing the battery, if any, and contacting us for technical servicing when prompted to do so or as required, unless we specify otherwise. To the extent permitted by applicable law, we are not responsible to anyone for any inability to access 9-1-1 Service or use the FTTH Services or the FTTH Equipment, or for any interference with, or failure of, third-party communications services or equipment, monitored home security alarms or monitored medical devices as a result of the limitations or your failure to comply with the requirements and recommendations set out in this Section 12. Your Information and Communications Preferences 13. How do you protect my personal information? Our commitment to privacy protection is found at the end of these terms of service (“Commitment to Privacy”). We protect your personal information in a manner consistent with our Privacy Policy available at bell.ca/privacy and applicable laws. By entering into this Contract, you agree that we may share your information with our companies and brands as they exist over time, including those listed in our Commitment to Privacy (“Our Companies”). 14. Do you collect, use or disclose my credit information? Yes, we may perform credit checks on you and collect and use information about your credit and payment history from Our Companies, credit reporting agencies or other credit grantors to assess your creditworthiness, update your information, activate the Services you ordered, or to assist in collection efforts. We may also disclose your credit and payment history with Our Companies to credit reporting agencies and credit grantors to assist with assessing your creditworthiness, and to collection agencies to assist with the collection of monies owed. A security deposit may be required to determine your eligibility for the Services if you decline a credit check upon activation (see Section 25). 15. How can I be sure that you have accurate contact information for my account? You are responsible for keeping the contact and payment information you provide up to date. This includes your name, and the name of any authorized users, mailing address, email address, phone number and the private residential address where the Services are provided (“Service Address”).
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